California law does not require boaters to insure their boats. Despite California’s policy on boater’s insurance, it is wise to get coverage to minimize risks to your personal assets. Boating insurance is like car or home insurance; it covers

California Premises Liability

If you are renting property, there are certain expectations as to the living conditions which your landlord must provide. If you are injured due to an unsafe condition in your apartment or other rental property, it is possible that you may have a premises liability claim against your landlord. A landlord is most likely to be liable for poor maintenance of property or an unsafe condition under a negligence claim. California jury instructions instruct liability may be found according to the following:

[Plaintiff] claims that [he/she] was harmed because of the way [defendant] managed [his/her/its] property. To establish this claim, [plaintiff] must prove all of the following:

1. That [defendant] [owned/leased/occupied/controlled] the property;

2. That [defendant] was negligent in the use or maintenance of the property;

3. That [plaintiff] was harmed; and

4. That [defendant]’s negligence was a substantial factor in causing [plaintiff]’s harm.[1]

Part of a negligence finding involves showing that the landlord breached the duty they owe the lessee. California Jury Instructions describe the duty:

A landlord must conduct reasonable periodic inspections of rental property whenever the landlord has the legal right of possession. Before giving possession of leased property to a tenant [or on renewal of a lease] [or after retaking possession from a tenant], a landlord must conduct a reasonable inspection of the property for unsafe conditions and must take reasonable precautions to prevent injury due to the conditions that were or reasonably should have been discovered in the process. The inspection must include common areas under the landlord’s control.

After a tenant has taken possession, a landlord must take reasonable precautions to prevent injury due to any unsafe condition in an area of the premises under the landlord’s control if the landlord knows or reasonably should have known about it.[2]

In short, a landlord owes a duty to the tenant and general public to keep the premises in safe condition. However, a landlord is usually precluded from liability where the dangerous condition arose after possession was transferred.[3] In deciding whether the defendant used reasonable care, a jury may consider the following factors[4]:

(a) The location of the property;

(b) The likelihood that someone would come on to the property in the same manner as [plaintiff] did;

(c) The likelihood of harm;

(d) The probable seriousness of such harm;

(e) Whether [defendant] knew or should have known of the condition that created the risk of harm;

(f) The difficulty of protecting against the risk of such harm; [and]

(g) The extent of [defendant]’s control over the condition that created the risk of harm; [and]

(h) [Other relevant factor(s).]

Additionally, it is important to note that there is a category of things for which the landlord’s duty is established by law. A presumption of negligence will arise in these circumstances if the defendant violated the legal obligation and this caused plaintiff harm.[5] For example, a landlord’s failure to install smoke alarms will fall under this doctrine where state law requires installation of smoke alarms.[6] Whether the landlord was reasonable or not in their behavior, they will be liable if you are injured from a fire that likely would have been extinguished had the smoke alarms been in place.

Electrical Fire in Citrus Heights Causes Significant Injuries

Photo Courtesy of Sacramento Metropolitan Fire District

Citrus Heights, CA- A child and two adults were taken to the hospital with significant injuries after an electrical fire broke out at a Citrus Heights apartment complex on September 9th. Two Citrus Heights police officers also suffered minor injuries. As reported on CBS Sacramento, the cause of the fire was determined to be accidental. Thankfully, five people survived the fire that broke out in the two-story building on Greenback lane.

Sacramento Metropolitan Fire District personnel arrived on the scene and saw flames coming from a second-floor apartment. Firefighters searched the complex after they were told people were trapped inside. Metro Fire rescued a child and two adults from a balcony of an adjacent unit after they fled their burning apartment. Two apartments were burned and three other units were ruined by smoke and water with an estimated $200,000 in damages.

Premises Liability in California

Premises liability involves a property owner’s responsibility in maintaining a safe environment for those on the property. If an owner of a premises is to be held liable for an unsafe condition on the property, the plaintiff must prove the following:

The defendant owned, leased, or controlled the property,

The defendant was negligent in maintaining the property,

The plaintiff was harmed, and

Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

For a defendant to be found “negligent in the use or maintenance of property”, the plaintiff must show the following:

A condition on the property creates an unreasonable risk of harm,

The defendant knew, or through exercising reasonable care should have known about it, and

The defendant failed to repair the condition, protect against harm from the condition, or give adequate warning of the condition.

Sacramento Personal Injury Lawyers | Premise Accident

If you are injured on a property, as a result of the owner’s negligence, you may have a personal injury claim. If you believe the property owner is liable or at fault for the injuries, you are potentially entitled to compensation for accident related expenses including medical bills, lost wages and pain and suffering. If you or a loved one has been harmed by a premises owner’s failure to exercise reasonable care in the maintenance of his or her property, contact our office.

At times, attorneys require further expertise and resources, legally and financially, to resolve a legal matter. We have the team, capability and dedication to handle challenging cases. If you have a case exceeding your resources with respect to workforce or experience, consider contacting our firm. We welcome referrals from firms in Sacramento and throughout the United States.

We provide free case consultations. If you, or a loved one, suffered an injury due to another’s negligence or wrongful conduct, call our firm. We will examine your individual situation and explain your legal rights. Our attorneys have extensive experience representing injured individuals, in both jury trials and settlement negotiations.

Personal Injury Attorneys, Personal Legal Service.

Kershaw, Cook & Talley is a Sacramento law firm founded on the principle of helping our clients through personalized legal services. With this philosophy, Kershaw, Cook & Talley has garnered a statewide and national reputation for providing outstanding legal representation and obtaining significant compensation for our clients.

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We understand personal injury cases are often emotionally and financially straining. Our team of top personal injury attorneys in Sacramento is committed to seeking justice for individuals injured as a result of another's negligence or intentional misconduct. At Kershaw, Cook & Talley, our experienced personal injury attorneys will hold the responsible parties accountable for their actions.

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